- (1.) HEARD Sri Anil Srivastava, learned counsel for the appellant and Sri Ashok Sinha learned counsel for the respondents.
(2.) THE appellant being aggrieved by the judgment and award dated 24-11-1997 passed by the Railway Claims Tribunal, Lucknow Bench, Lucknow has filed F.A.F.O. No. 134 of 1998 under Section 23 of the Railway Claims Tribunal Act. The respondents after receiving the notice of the appeal have pre­ferred Cross Objection, which has been reg­istered as Cross Objection No.391 of 2001. The brief facts of the case are that Sri Krishna Kishore Bajpai, who was Entertain­ment Tax Inspector, was travelling from Luc­know to Raebareli on 29-12-1995 by Nauchandi Express against Monthly Second Class Season Ticket bearing No.001519 which was valid from 18-12-1995 to 17-1-1996. In the claim petition it has been alleged that on account of a sudden jerk, Krishna Kishore Bajpai fell down from the compart­ment and died. At the time of accident which occurred on 29-12-1995, the deceased was also having Identity Card No.250157. The le­gal heirs of the deceased filed a claim peti­tion before the Railway Claims Tribunal, Lucknow Bench, Lucknow on 24-1-1997 which was contested by the appellant by fil­ing written statement. The Railway Claims Tribunal after hearing the learned counsel for the parties and after considering the material on record awarded the compensation of Rs.2.0 lakh to the claimant-respondents by the im­pugned judgment and award dated 24-11-1997. In the Cross Objection which was filed under Order XLI, Rule 22 C.P.C., the claim­ants have prayed for enhanced compensation of Rs.4.0 lakh.
(3.) LEARNED counsel for the appellant sub­mits that the claimant-respondents were not entitled for any compensation as Krishna Kishore Bajpai fell down from the train on account of his own negligence and there was no fault on the part of the Railways and it was not an accidental fall. He further submits that the deceased was travelling negligently as a result of which the death was caused.;